Brinckerhoff v. Starkins
New York Supreme Court
This was an action of trespass brought by Starkins, the defendant in error, against Brinckerhoff, the plaintiff in error, in a justice’s court, for taking a quantity of oysters from Le Boy Bay, Long Island Sound.
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This was an action of trespass brought by Starkins, the defendant in error, against Brinckerhoff, the plaintiff in error, in a justice’s court, for taking a quantity of oysters from Le Boy Bay, Long Island Sound. The cause was tried on the 29th of May, 1847, before the justice and a jury; a verdict found of no cause of action ; and a judgment rendered thereon against the plaintiff in the action, and a certiorari brought thereon to the Westchester county court, by whom the justice’s judgment was reversed. Upon this judgment of reversal a writ of error was brought to the supreme court. The…
1Opinion of the Court
By the Court,
Edwards, J.
The return to the certiorari which was issued in this cause, shows that a witness, called on the part of the plaintiff below, testified that about four or five years previous to the trial, the plaintiff planted oysters in the mouth of Le Roy Bay, adjoining Long Island Sound; but the *250quantity was not stated. The witness also testified that he was an oysterman, and had known the bay for twenty years, and that there was no natural growth of oysters there to his knowledge. The trespass for which the suit was brought, was alledged to have been committed on or about the 19th…
2Cases cited2 opinions
- Rogers v. JonesNew York Supreme Court · 1828
- Fleet v. HegehanNew York Supreme Court · 1835
3Cited by4 opinions
- People v. WanzerNew York Supreme Court · 1904
- State v. TaylorSupreme Court of New Jersey · 1858
- Ackley v. AckleyNew York Supreme Court · 1893
- Scott v. ParkerCity of New York Municipal Court · 1889